Image by Estée Janssens

Agenda | Day 1
ADR Annual Conference

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Mediating NDAs

September 30, 2022 | 3:30 pm EST - 4:20 pm EDT

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Panelist

  • Anne Bachle Fifer,

    • Mediator, Trainer, Peacemaker, Grand Rapids

Topic

Non-Disclosure Agreements (NDAs) have come under increasing scrutiny of late. They have permitted wrongdoers from Harvey Weinstein to Catholic priests to go on to harm others. They also gag whistleblowers, preventing them from seeking counseling or employment. Many NDAs result from mediation, giving mediation a bad name. Should mediators refuse to mediate NDAs altogether, as some suggest? Or are there ways mediators can facilitate NDAs so that both parties are satisfied? Even if mediators don’t encounter NDAs in their practice, they may encounter equivalent situations where attorneys aren’t hearing their clients and/or clients aren’t understanding the full implication of settlement terms. This session will review mediation situations that could give rise to abusive NDAs or otherwise challenge party self-determination and consider mediator interventions that maintain neutrality while honoring party self-determination.

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Enhancing Your Mediation Techniques with Internet Images: When a Picture Is Worth 1000 Words

September 30, 2022 | 4:30 pm EST - 5:20 pm EDT

Panelist

  • Sheldon J. Stark

    • Mediator and Arbitrator, Ann Arbor

Topic

Thoughtfully selected images easily found on the internet can make your favorite mediation techniques even more effective and powerful. Images can relieve tension, reduce stress, establish trust, tell a story, deepen perspective, sharpen insight, encourage flexibility and stimulate fresh proposals. An experienced mediator shares his favorites.